Expungement of Criminal Sexual Conduct 4th (Get a fresh start!)
You can get a Criminal Sexual Conduct Fourth Degree off your record.
With an expungement, you can get a fresh start (if the conviction occurred before January 12, 2015). We can help you clean your criminal history and get life on track.
Expungement of a Criminal Sexual Conduct 4th Degree
Many lawyers will tell prospective clients that getting an expungement of a CSC 4th is impossible, which is incorrect. Others will accept representation and bungle the case so that the client has to wait years to try again or potentially never get the conviction off their record because of the poor first attempt. An expungement of a CSC 4th is challenging, and it takes a highly experienced and capable lawyer to give the client the best possible chance of success.
A CSC 4th Degree is a statutory misdemeanor treated for all purposes under the law as a felony conviction. The statute is highly complicated and criminalizes many different potential sexually illegal acts. “Sexual contact” includes the intentional touching of the victim’s or actor’s intimate parts or the clothing covering those parts, if that touching can be reasonably construed as being for sexual arousal or gratification, done for a sexual purpose, or in a sexual manner for revenge, to inflict humiliation, or out of anger.
Eligibility for Expungement of a CSC 4th
Under Michigan’s expungement laws, a person convicted of Criminal Sexual Conduct Fourth Degree is eligible if all of the following are true:
- The conviction occurred before January 12, 2015.
- Five years or more must have passed since the expiration of probation/parole or the release from incarceration, whichever came later.
- Either no other criminal history OR no more than two minor misdemeanors
For those with prior misdemeanor convictions, other than the CSC 4th, a minor misdemeanor is a crime with a maximum possible sentence of 90 days or less, a maximum possible fine of $1,000 or less, and the actor was under the age of 21 at the time of the offense. You cannot have multiple felony convictions or serious misdemeanor convictions and seek expungement of CSC 4th offenses.
Winning in Court
Winning an expungement motion for any offense can be problematic, but winning on a Criminal Sexual Conduct case is uniquely challenging. In these cases, the victim must be notified, and their challenge will significantly raise the bar in terms of winning in court. Additionally, most judges will carefully examine the facts of these particular cases. Many judges refuse to grant relief unless the defendant proactively alleviates multiple concerns. Furthermore, prosecutors will routinely and vehemently object to setting aside a CSC 4th conviction. Expungement of CSC 4th convictions requires strict adherence to the expungement law’s procedural requirements.
The Expungement Team with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience winning motions to set aside convictions under the expungement laws and knows all the proper steps to get the client the best chance of success. Our attorneys have an unparalleled track record of obtaining extraordinary results!
Expungement Motion Denied!
Losing an expungement motion has disastrous consequences and must be done right the first time. Under the law, if you lose an expungement motion, you must wait three years before trying again. The delay can cause the defendant to miss job opportunities or lose employment. It can also delay the restoration of gun rights. Worst of all, the record that caused the loss in court doesn’t disappear and will impact future attempts to get relief.
Defense Attorneys Who Can Win an Expungement of CSC 4th
The key to winning a Motion to Set Aside a Conviction is proving that having the record cleared is consistent with the public welfare. The “public welfare” argument carries a high burden, and it is challenging to craft a winning argument without years of experience and a winning strategy. If you have questions, call the Expungement Team with LEWIS & DICKSTEIN, P.L.L.C., and we will find a way to help you.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.